KARIBASAMMA Vs. MAHALINGAPPA A

JUDGEMENT

(1.) THIS civil revision petition is by the decree-holder in H. R. C. Nos. 13 and 16 of 1994 challenging the order dated 28-11-2001 passed by the Principal civil Judge (Junior Division), Davanagere in Misc. Nos. 8 and 9 of 1998 allowing the application filed by the first respondent herein under Order: 21, Rules 98 (l) (a), 99 and 100 read with Section 151 of the CPC.

(2.) THE petitioners being the decree-holders in H. R. C. Nos. 13 and 16 of 1994 instituted execution proceedings for possession of the schedule premises. In the said proceedings, the petitioners have taken possession on 10-3-1998. The case of the first respondent is that he is the owner in possession of the property and he has been illegally dispossessed in execution of the said decree even though there is no decree against him in the original H. R. C. proceedings. Therefore, the respondent 1 has made an application under Order 21, Rules 98 (l) (a), 99 and 100 read with Section 151 of the CPC for restoration of possession. The said application has been allowed by the learned Civil Judge by the impugned order.

(3.) LEARNED Counsel for the first respondent submits that the revision petition filed by the petitioner challenging the impugned order under Section 115 of the CPC is not maintainable in law since it is an appealable order under Order 21, Rule 103 of the CPC.